Monitoring contact with family members, home or work associates, lawyer or approved religious or spiritual adviser
44 Monitoring contact with family members, home or work associates, lawyer or approved religious or spiritual adviser
The contact the detainee has with another person under section 41 may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the PDO.
Unless the senior police officer nominated under section 24(2) approves otherwise, the contact the detainee has with a lawyer under section 43 may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the PDO.
The contact the detainee has with an approved religious or spiritual adviser under section 43A may take place only if it is conducted in such a way that the contact, and the content and meaning of the communication that takes place during the contact, can be effectively monitored by a police officer exercising authority under the PDO.
If subsection (1), (2) or (2A) applies, the contact may take place in a language other than English only if the content and meaning of the communication that takes place during the contact can be effectively monitored with the assistance of an interpreter.
Without limiting subsection (3), the interpreter referred to in that subsection may be a police officer.
If the detainee indicates that he or she wishes the contact to take place in a language other than English, the police officer who is detaining the detainee must —
arrange for the services of an appropriate interpreter to be provided if it is reasonably practicable to do so during the period during which the detainee is being kept in detention; and
if it is reasonably practicable to do so — arrange for those services to be provided as soon as practicable.
Any communication between —
the detainee; and
a lawyer,
for a purpose referred to in section 43(1) is not admissible in evidence against the detainee in any proceedings in a court.
If the lawyer referred to in subsection (2) has a current security clearance to “Secret” level given by the Attorney General’s Department of the Commonwealth, subsection (2) does not apply unless an issuing authority has made an order (a monitoring order) authorising the contact the detainee has with the lawyer under section 43 to be monitored.
Sections 18(1) to (5) and 19 apply in relation to a monitoring order, and an application for a monitoring order, as if references in those provisions to a prohibited contact order were references to a monitoring order.
An issuing authority may make a monitoring order if it is satisfied, on reasonable grounds, that making the monitoring order will assist in achieving the purpose for which the PDO was made.
[Section 44 amended: No. 23 of 2019 s. 11.]
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